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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ356153 (LAO 0887403)
Regular
May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed defendant ABM Industries' Petition for Reconsideration because the WCJ's order compelling a new QME panel was interlocutory, not a final determination of substantive rights. The WCAB also denied defendant's request for removal, finding no substantial prejudice or irreparable harm to justify the extraordinary remedy. The WCJ's prior order had denied defendant's request to compel a medical evaluation and ordered a new QME panel due to concerns about defendant's advocacy letter to the original QME. The WCAB adopted the WCJ's reasoning, deeming the interlocutory procedural order not subject to reconsideration.

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter
References
7
Case No. ADJ8204664
Regular
Dec 16, 2013

MARIA MUNOZ vs. FLOREZ FAMILY, INC. dba McDONALD'S RESTAURANT

This case involves a defendant's petition for reconsideration of an interlocutory order by a WCJ regarding the proper selection of a medical panel. The Appeals Board vacated its prior order granting reconsideration, finding that interlocutory orders are not subject to reconsideration. Additionally, the Board granted removal on its own motion due to the defense attorney's failure to respond to a notice of intent to impose sanctions. Consequently, the defense attorney was ordered to pay a $100 sanction to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardReconsiderationSanctionsDefense AttorneyFindings and AwardFindings and OrderLabor Code section 4062.2Labor Code section 5900Interlocutory OrderRemoval
References
8
Case No. ADJ3378722 (SBR 0326546) ADJ1273783 (SBR 0335209)
Regular
Mar 04, 2009

VICTOR YSLAS vs. CITY OF BARSTOW, Permissibly Self-Insured, CORVEL CORPORATION (Adjusting Agent)

The Workers' Compensation Appeals Board granted reconsideration to the defendant, City of Barstow, regarding an interlocutory order. The Board found that although titled "interlocutory," the WCJ's December 30, 2008 order addressed substantive rights and liabilities, making it a final order subject to reconsideration. The Board rescinded the prior order because the WCJ failed to provide a summary of evidence and reasoning as required by Labor Code section 5313, and the medical treatment award was ambiguous. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationInterlocutory OrderFindings and OrderLabor Code Section 4656(c)(1)Temporary DisabilityMedical TreatmentIndustrial InjuryRight KneeWCJ
References
6
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
Case No. ADJ7136983
Regular
Jun 06, 2011

EDUARDO ELIAS vs. SATICOY LEMON ASSOCIATION, YORK INSURANCE SERVICES GROUP

The Appeals Board dismissed the Defendant's Petition for Reconsideration because the WCJ's order was interlocutory, not a final order. However, the Board granted removal, rescinded the WCJ's order to develop the record, and returned the case for decision on the existing record. This was due to the prejudice to the Defendant caused by the WCJ's order to supplement evidence after submission, which improperly circumvented discovery rules and appeared to assist the applicant. The Board noted contradictory findings by the WCJ regarding the sufficiency of the evidence.

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionAOE/COELabor Code section 5502(e)(3)Permissibly Self-InsuredPanel Qualified Medical EvaluatorAgreed Medical EvaluatorInterlocutory procedural orders
References
5
Case No. ADJ7965556; ADJ7965560
Regular
Sep 14, 2022

WYATT MITCHAM vs. APPSHOSTING, INC., BYUNG SAM YUN, ASHOK BALASUBRAMANIAN, LARRY WENSHAN ZHAO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's orders were interlocutory and not final decisions. The WCAB granted the defendant's alternative Petition for Removal, finding that the WCJ's January 19, 2022 orders, which canceled trial and ordered further discovery without an evidentiary record, would cause substantial prejudice. Consequently, the WCAB rescinded the WCJ's January 19, 2022 orders and returned the matter to the WCJ for further proceedings consistent with the decision, emphasizing the applicant's right to due process and a fair hearing.

RemovalReconsiderationOff Calendar OrderPetition for RemovalPetition for ReconsiderationWCJ OrdersRescinded OrdersFurther Development of RecordDue DiligencePretrial Conference Statement
References
19
Case No. ADJ7258978, ADJ7350085
Regular
Feb 27, 2012

JORGE GONZALEZ vs. ECOWATER SYSTEMS, FIRST COMP

This case involves a petition for reconsideration of an order by a Workers' Compensation Judge (WCJ). The Appeals Board dismissed the petition because reconsideration is only permitted for final orders that dispose of substantive rights and liabilities. The WCJ's order to "pay, adjust or litigate" all liens did not definitively resolve these substantive matters. Therefore, the order was considered interlocutory and not subject to reconsideration.

Petition for ReconsiderationFinal OrderInterlocutory Procedural OrderSubstantive RightsLiabilitiesWCJLiensDismissedLabor Code 5900CEB
References
3
Case No. ADJ3269128 (SAC 0315100)
Regular
Jan 29, 2010

STEFANIE KING vs. SIERRA FAMILY SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of an administrative law judge's (WCJ) order for further medical record development. The Appeals Board dismissed the petition, finding the challenged order was not a "final order" subject to reconsideration. The Board also rescinded the WCJ's subsequent order appointing a physician, as the WCJ lacked authority to issue it while a petition for reconsideration was pending. Removal was granted on the Board's own motion to address the impropriety of the WCJ's order.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalDecision After RemovalAdministrative Law JudgeFinding and OrderCumulative PeriodIndustrial InjuryMononucleosisEpstein-Barr Syndrome
References
7
Case No. ADJ668675 (SFO 0476115)
Regular
Apr 12, 2010

MAGGIE TODD vs. HAIGHT ASHBURY FREE CLINICS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration as the WCJ's order was interlocutory. However, the Board granted removal regarding the WCJ's restrictive orders limiting the defendant's witnesses and documentary evidence. The Board found these limitations prejudiced the defendant and violated its due process rights. Therefore, the Board rescinded the WCJ's February 3, 2010 orders and returned the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorQualified Medical EvaluatorFunctional Capacity EvaluationApportionmentPsychiatric DisabilityDue ProcessInterlocutory Order
References
13
Case No. LAO 0868942
Regular
Mar 16, 2008

ROBERT K. WILLIAMS vs. PASADENA PAVING, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was interlocutory. However, the Board granted removal, finding the WCJ erred by not following the established procedure for developing the medical record when ordering a new medical examiner without first allowing supplementation from prior physicians. The Board rescinded the WCJ's order, deferred the petition to terminate temporary disability, and returned the case to the trial level for further proceedings to properly develop the medical record.

Workers Compensation Appeals BoardReconsiderationRemovalWCJTemporary DisabilityPermanent DisabilityApportionmentMedical TreatmentQualified Medical ExaminerAgreed Medical Evaluator
References
11
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